My ex filed for a motion to modify custody & I was never mailed / notified anything about a modification hearing, which lead to me not being there the day of the hearing. The court records show that the certificate of service was filed, but it was mailed through the post office. So how can I prove that it was never sent, since they didnt choose certified mail?
Also, the judge they requested on the calendar request, I used to work with him when he was an attorney. Is that not grounds for conflict of interest with the judge and judgement?
If an order to modify was entered, you may need to file a motion to set it aside due to the fact that you were never made aware of the court date. Perhaps you can check USPS records (if they are kept that long) to prove what mail you did and didn’t receive for the few days following the date of the certificate of service).
That does sound like a conflict in which the judge may need to recuse himself from hearing evidence in your case.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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